Terrell v. State
Supreme Court of Georgia
Indictment for murder. Tried before Judge Hill, at March Term, 1850. At the September Term, 1848, of DeKalb Superior Court, a true bill for murder was found and returned by the Grand Jury against William Terrell, the plaintiff in error. At March Term, 1850, the defendant was put upon his trial, and the Jury returned a verdict of voluntary manslaughter.
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Indictment for murder. Tried before Judge Hill, at March Term, 1850. At the September Term, 1848, of DeKalb Superior Court, a true bill for murder was found and returned by the Grand Jury against William Terrell, the plaintiff in error. At March Term, 1850, the defendant was put upon his trial, and the Jury returned a verdict of voluntary manslaughter. The defendant, by his counsel, moved to arrest the judgment ‘of the Court on two grounds : 1st. Because the prisoner was not charged in the bill of indictment with having committed the offence of murder unlawfully. 2d. Because the name of…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] We do not find it necessary to express any opinion upon the merits of the objection taken to this proceeding. We are willing to concede,' that it would have been valid if taken at the proper time and in the right way; for no man shall be held to answer for any capital or infamous offence, until he shall have been first charged with the same by a Grand Jury of the County, who have taken the oath prescribed to them by law. But was it good in arrest of judgment ? We think not.
We understand that nothing is good in arrest of judgment, which does…
2Cited by2 opinions
- Pippin v. StateSupreme Court of Georgia · 1931
- Seals v. StateSupreme Court of Georgia · 1899